The Federal Government has claimed that Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB) is a flight risk.
The FG filed seven grounds of appeal against the Court of Appeal judgment which discharged Kanu on October 13.
It asked the Supreme Court to set aside the judgment and restore the charge against the respondent to be tried at the trial court.
The government, in a motion on notice in support of the appeal, is also seeking a stay of execution of the judgment of the court presided over by Justice Jummai Sankey, pending the hearing and final determination of its appeal, noting that the IPOB leader posed a flight risk.
The notice of appeal dated October 18 was signed by the Director, Public Prosecution of the Federation, Mohammed Abubakar, Assistant Chief State Counsel, D. Kaswe and A. Aluko and Senior State Counsel, G. Nweze, Department of Public Prosecution, Federal Ministry of Justice.
The appellant averred that the appellate court erred in law when it held that the trial court had no jurisdiction to try Kanu because of “the extraordinary rendition of the respondent.”
It stated, “There was no evidence led by the respondent before the court of the first instance and indeed before the court below to show how he was allegedly abducted and rendered to Nigeria as required by Section 139 of the Evidence Act, 2011 since he alleged that he was abducted without following due process of law.”
The appellant also contended that the court below erred when it held that the executive arm must not be allowed to benefit from the abduction of the respondent “when in fact and by its judgment, the respondent was allowed to benefit from his illegality of disobeying the orders of the court when he jumped bail and was rewarded with a discharge from the charges pending against him at the trial court thereby occasioning a miscarriage of justice against the state and the victims of the crimes perpetrated by the respondent.”